Child Support Arrears

June 2010The Nassau Lawyer published an article written by Russell Marnell and Scott Schwartz entitled “Canceling Child Support Arrears – Will The Recently Decided Case of Carlton v. Heller Start a Trend?”   See article here:  http://www.marnelllaw.com/downloads/social_abandonment_article.pdf

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No-Fault Divorce

June 17 2010 – Russell Marnell was interviewed on News 12 Long Island regarding New York State’s proposed no-fault divorce bill.

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Child Support Ruling

In a recent case, The New York State Court of Appeals ruled that a child support Order issued in another state cannot be modified in New York.

Background

A couple in Connecticut obtained a judgment of divorce that included provisions for the support of the couples’ three children. In Connecticut the age of majority is 18, i.e. child support would end for a child at the age of 18. Subsequent to the divorce, the mother moved to New York with the three children. When her oldest child turned 18 and child support ended, she petitioned the New York court for a new order of support and was awarded additional child support by a lower court.

Conclusion

The Court of Appeals reversed the decision, determining that not only had the Order issued in Connecticut been fulfilled and therefore could not be modified, but also that the New York courts had no jurisdiction in the matter.

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